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LEADERSHIP 59
commit a certain type of offence, or in cer-
tain circumstances such as if the person
is a driver of a vehicle. Unless police are
arresting a person, or in special circu m-
stances, there is no requirement to accom-
pany police to a police station. Special cir-
cumstances include investigation of family
violence. The person is entitled to know the
reason why the police have grounds for ask-
ing them to accompany the police to the
police station.
Police have the right to search a person at
any time in a public place without a warrant
if they believe the person is carrying illegal
drugs, firearms, stolen goods, explosives or
something that might be used to make graf-
fiti. The technicalities of power to search
will vary by state or territory.
Generally speaking, police can only
search a person if: the person agrees to a
search; the police have a warrant to search;
or they are allowed to by law.
Whether police involvement is required,
other than in cases involving the manda-
tory reporting of child abuse, will depend
on the nature and seriousness of the crime
concerned. Schools should have established
policies in place to address these issues.
Forewarned is forearmed. T
Leneen Forde is a Partner at Cornwall
Stodart Lawyers, Melbourne.
LINKS:
For more information , phone 03 9608 2000
or visit www.cornwalls.com.au
CASES
Commonwealth v Introvigne (1982) 150
CLR 377
Sykes v DPP [1962] AC 528
REFERENCES
Commonwealth Department of
Educ ation, Training and Youth Affairs
(2000). National Framework for
Protocols for Managing the Possession,
Use and/or Distribution of Illicit and
Other Unsanctioned Drugs in Schools.
Available at www.deewr.gov.au/
Schooling/Programs/REDI/Pages/key_
publications.aspx
Higgins, D. , Bromfield, L. , Richardson, N.,
Holzer, P. & Be rlyn, C. (2009). Canberra:
Australian Institute of Family Studies.